Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
India Food and Agricultural Import Regulations and Standards - Narrative FAIRS Country Report
Approved By: Holly Higgins Prepared By: A. Govindan Report Highlights:
*Updated on July 30, 2009.* *All sections updated.* * Food Safety Standards Act implementation in progress.* *Nutritional labeling of packaged food implemented effective March 19, 2009.*
This report was prepared by the Office of Agricultural Affairs of the USDA/Foreign Agricultural Service in New Delhi, India, for US exporters of domestic food and agricultural products. While every possible care was taken in the preparation of this report, information provided may not be completely accurate either because policies have changes since its preparations, or because clear and consistent information about these policies was not available. It is highly recommended that U.S. exporters verify the full set of import requirements with their foreign customers, who are normally best
equipped to research such matters with local authorities, before any goods are shipped. FINAL IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO THE IMPORTING COUNTRYS RULES AND REGULATIONS AS INTERPRETED BY BORDER OFFICIALS AT THE TIME OF PRODUCT ENTRY.
The law meant to protect India against impure, unsafe, and fraudulently labeled foods is the Prevention of Food Adulteration Act (PFA) of 1954, with the PFA Rules of 1955, as amended from time to time. This is the most important food law in the country. PFA standards and regulations are meant to apply equally to domestic and imported products. The PFA covers various aspects of food processing and distribution, such as food color, preservatives, pesticide residues, packaging and labeling, and regulation of sales. The PFA Act and Rules and recent notifications are available at: http://mohfw.nic.in/pfa.htm. The law, previously enforced by the Director General of Health Services, Department of Health (DH), Ministry of Health and Family Welfare (MHFW), Government of India (GOI), is now enforced by the FSSAI. The PFA focuses primarily on the establishment of regulatory standards for food products that constitute the bulk of the Indian diet. The PFA does not always keep pace with advances in the food processing sector. Moreover, PFA rules sometimes appear to be drafted in a manner that goes beyond the mere establishment of minimum product quality specifications, by prescribing recipes for how food products are to be manufactured. Concerned parties may appeal to have the PFA Rules amended. All imported products must
adhere to the rules as specified in the regulation, including the labeling and marking requirements. Enforcement of the PFA is left to the state governments. The Standards of Weights and Measures Act, 1976, and the Standards of Weights and Measures (Packaged Commodities) Rule, 1977 These legislative measures are designed to establish fair trade practices with respect to packaged commodities. The rules aim to ensure that vital information about the nature of the commodity, the name and address of the manufacturer, the net quantity, date of manufacture, and maximum sale price are provided on the label. There may be additional labeling requirements for food items covered under the PFA. The Department of Consumer Affairs, located within the Ministry of Consumer Affairs, Food, and Public Distribution, is the regulatory authority. The entire text of the Standards of Weights and Measures Act, 1976, and the Standards of Weights and Measures (Packaged Commodities) Rule, 1977, and related notifications, can be accessed from the website of the Department of Consumer Affairs. Importers of packaged food products must adhere to the provisions of these acts, including labeling the product. The Fruit Products Order, 1955
The fruit and vegetable processing sector is regulated by the Fruit Products Order, 1955 (FPO). This law was previously administered by the Ministry of Food Processing Industries but is now administered by the FSSAI. The FPO contains specifications and quality control requirements regarding the production and marketing of processed fruits and vegetables, sweetened aerated water, vinegar, and synthetic syrups. All units that process these products are required to obtain a license under the FPO, and periodic inspections are carried out. Processed fruit and vegetable products imported into India must meet the FPO standards. The FPO can be accessed from: www.fssai.gov.in/Fruit-Prod.aspx Meat Food Products Order, 1992
This order administers the sanitary and hygienic standards of slaughterhouses and sets the permissible quantity of heavy metals, preservatives, and insecticide residues for meat products. The FSSAI is the new regulatory authority. This order is equally applicable to domestic processors and importers of meat products. However, its implementation is uneven, due to unorganized production in the domestic market. For details, see: http://www.fssai.gov.in/MFPO%201973-Amended%20_English_.pdf Milk and Milk Products Order, 1992
This order regulates the production, distribution, and supply of milk products; establishes sanitary requirements for dairies, machinery, and premises; and sets quality control standards for milk and milk products. Standards specified in the order also apply to imported products. FSSAI is the regulatory authority. For details see: www.fssai.gov.in/mmpo.pdf Livestock Importation Act, 1898
Under the Livestock Importation Act, 1898, the government established procedures for the importation of livestock and related products to India, which are implemented by the Department of Animal Husbandry, Dairying, and Fisheries, Ministry of Agriculture (MA). These procedures are available at: http://dahd.nic.in/order/livestockimport.doc Plant Quarantine (Regulation of Import into India) Order, 2003
The GOI formulated the Plant Quarantine (Regulation of Import into India) Order, 2003, under the
Destructive Insects and Pests Act, 1914. It was published on November 18, 2003, with the purpose of prohibiting and regulating the imports into India of agricultural articles, and became effective January 1, 2004. The implementing agency is the Directorate of Plant Protection, Quarantine, and Storage, under the Department of Agriculture and Cooperation, MA. This Order, along with several subsequent amendments, is available at: www.plantquarantineindia.org/PQO_amendments.htm The full text of the legislation is available at: www.mohfw.nic.in/Food%20Safety%20Standard%20Act.pdf
information. Labels must be printed in English or Hindi (Devanagari script). The responsibility for labeling lies with the importer, and should be done before products are presented for customs clearance. Products exhibiting only the standard U.S. label will not be allowed to enter. Per Notification No. 44 (RE-2000)/1997-2002, issued by the Department of Commerce (DC), Ministry of Commerce and Industry, on November 24, 2000, all packaged commodities, including packaged food, imported into India should also carry the following declarations: -Name and address of the importer. -Generic or common name of the commodity packed. -Net quantity using standard units of weights and measures. If the net quantity of the imported package is given in any other unit, its equivalent terms of standard units shall be declared by the importer. -Month and year in which the commodity was manufactured, packed, or imported. -The maximum retail price at which the commodity in packaged form may be sold to the ultimate consumer. This price shall include all taxes, local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertising, delivery, packing, forwarding, and the like. The full notification is available at: http://dgftcom.nic.in/exim/2000/not/not00/not4400.htm Shelf Life: Notification No. 22 (RE-2001) 1997-2002, dated July 30, 2001, issued by the Department of Commerce, Ministry of Commerce and Industry, states: "Imports of all such edible/food products, domestic sale and manufacture of which are governed by the PFA shall also be subject to the condition that, at the time of importation [emphasis added], these products are having a valid shelf life of not less than 60 percent of its original shelf life. Shelf life of the product is to be calculated, based on the declaration given on the label of the product, regarding the date of manufacture and the due date of expiry." http://dgftcom.nic.in/exim/2000/not/not01/not2201.htm Per notification G.S.R. 388 (E), issued by the DH, MHFW, on June 25, 2004, under the PFA, every package of food which contains permitted artificial sweetener shall carry the label CONTAINS ARTIFICIAL SWEETENER AND FOR CALORIE CONSCIOUS, along with the name or trade name of the product. (www.mohfw.nic.in/GSR%20388(E).pdf) Per notification G.S.R. 339 (E), dated May 27, 2005, issued by the DH, MHFW, under the PFA, No containers or label relating to infant milk substitute or infant food shall have a picture of infant or women or both. It shall not have picture or other graphic materials of phrases designed to increase the salability of the infant milk substitute or infant food. The terms humanized or maternalized or any other similar words shall not be used. The package and/or any other label of infant milk substitute or infant food shall not exhibit words, Full Protein Food, Energy Food, Complete Food, or Health Food, or any other similar expressions. (www.mohfw.nic.in/F33927052005.pdf) On February 28, 2008, the DH, MHFW, issued the final notification of the Prevention of Food Adulteration (Amendment) Rules of 2008, pertaining to wax coating of fruits. Accordingly, fresh fruits may be coated with bees wax, carnauba wax or shellac wax, and the name of the wax must be labeled on the package (See: www.mohfw.nic.in/GSR%20114_E_.pdf) On September 19, 2008, the DH, MHFW, issued a final Gazette of India notification requiring nutritional labeling on packaged food under the PFA. This requirement became effective March 19, 2009. It explains procedures for listing of ingredients, nutritional information, irradiated food, proprietary food, etc. For details see: www.mohfw.nic.in/Noti%20664.pdf
B. Requirements Specific to Nutritional Labeling As per the new labeling requirements for packaged food mentioned above, every package of food is required to have the following additional nutritional information on its label: Nutritional information or nutritional facts per 100 gram or 100 ml or per serving of the product should be given on the label, which include: (a) (b) (c) (d) Energy value in kcal. Amount of protein, carbohydrates (specify quantity of sugar) and fat. Amount of any other nutrient for which nutrition or health claim is made. Numerical information on vitamins and minerals.
Raw agricultural commodities, spice mixes, condiments, non-nutritive products, alcoholic beverages, processed pre-packaged vegetables and fruits, etc. are exempted nutritional labeling requirements. C. Labeling requirements for Proprietary Food Proprietary food, which according to Indian definition is a food which has not been standardized under the PFA Rules, in addition to complying with labeling requirements specified under the PFA, should also conform to the following requirements: (a) The name of the food and category under which it falls in the PFA rules should be mentioned on the label. (b) Should comply with all other regulatory provisions specified in the PFA Rules and in Appendixes to these Rules. For details see: www.mohfw.nic.in/Noti%20664.pdf
Sequestering and buffering agents - Part XVI Antibiotic and other pharmacologically active substances - Part XVIII Food Additives [1] - Part XIX
[1]
Per Gazette notification G.S.R. 388 (E), dated June 25, 2004, (www.mohfw.nic.in/GSR%20388(E).pdf)
On December 1, 2004, the DH issued a final Gazette notification that lists permitted food additives in fish and fish products and microbiological requirements of seafood. See www.mohfw.nic.in/GSR821(E)21102004.pdf. On March 21, 2005, the DH issued a final Gazette notification under the PFA Act that pertains to the use of additives in sugar, salt, cocoa powder, chocolate, sugar boiled confectionary, and chewing gum. See www.mohfw.nic.in/F18421032005.pdf. On March 21, 2005, the DH issued a final Gazette notification under the PFA Act that provided a list of permitted food additives and microbiological requirements of thermally-processed fruits, fruit cocktails, vegetable soups, fruit juices, fruit vegetable cereal flakes, squashes, tomato ketchup, tomato sauces, soy sauces, jams, jellies, etc. See www.mohfw.nic.in/F18521032005.pdf. On June 23, 2006, the DH issued the final Gazette notification to amend the PFA rules pertaining to the use of additives in biscuits, breads, and confectionary items. Among other things, the amendment contains a maximum limit of oligofructose (dietary fibers) up to 15 percent, and a dietary fiber labeling requirement for biscuits, breads, and cakes. The full notification can be accessed at: www.mohfw.nic.in/Noti%20400.pdf On October 31, 2006, the DH issued the final Gazette notification to amend the PFA Rules, pertaining to the use of acesulfame potassium, sucralose, di-sodium 5 Inosinate, and sodium hexa meta phosphate in certain processed food products. The full notification can be accessed at: www.mohfw.nic.in/Noti%20679.pdf On July 2, 2007, the DH issued the final Gazette notification establishing the maximum limit on mono and diglycerides in ready-to-drink products at 0.4 gram in 100 ml. The notification can be accessed at: www.mohfw.nic.in/Noti%20458.pdf On June 19, 2009, the DH issued a final Gazette notification, establishing permissible limits for Sucralose in lozenges, xanthangum in bakery mixes, non-dairy whip topping and sodium bicarbonate in instant mixes. The notification can be accessed at: http://www.mohfw.nic.in/430%2019th%20june.pdf
Lists of pesticides/pesticide formulations whose import and use are banned, have been refused registration, or have restricted use in India are available at: http://cibrc.nic.in/list_pest_bann.htm. CODEX Alimentarius MRLs may be accepted for imported foodstuffs only for those pesticides not included in Indias own positive list of pesticides. The Ministry of Agriculture has taken a decision to discontinue the practice of registering a pesticide by the Pesticide Registration Committee if no MRLs are established. For additional information about approved pesticides and the procedure for registration of new pesticides please refer the Central Insecticide Board and Registration Committee website: http://cibrc.nic.in/ On June 17, 2009, the DH issued a final Gazette notification which establishes tolerance limits for insecticides and pesticides in carbonated water. The notification can be accessed from: http://www.mohfw.nic.in/No-427%2017th%20June.pdf
Commerce and Industry Minister on April 7, 2006, calls for approval from the GEAC for imports of biotech food, food additives, or any food product that contains biotech material that is being used for industrial production, environmental release, or field application. Also, import consignments containing biotech products should carry a self declaration that the product is bioengineered, without which the importer is subject to penal action under the Foreign Trade (Development and Regulation) Act, 1992. (See http://164.100.9.245/exim/2000/not/not06/not0206.htm). This rule became effective July 8, 2006. However, the government has given a special exemption to imports of soybean oil derived from biotech soybeans for consumption after refining.
changes introduced by the Act include: protection to well known marks, as well as service and collective marks; extension of the period of protection from seven to ten years; establishment of an Appellate Board; and increased penalties for infringement of trade marks. Enforcement of intellectual property rights has been weak, but the situation is slowly improving, as the courts and police respond to domestic concerns about the high cost of piracy to Indian rights-holders. Foreign firms can register their trademarks through a local agent by applying at the Office of the Registrar of Trademarks (www.ipindia.nic.in). However, it may take up to three to five years for the trademark to be officially accepted and notified. In order to protect the intellectual property of imported products, the Central Board of Excise and Customs, Ministry of Finance, has issued a notification, the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (www.cbec.gov.in/customs/cs-act/notifications/notfns-2k7/csnt47-2k7.htm and www.cbec.gov.in/customs/cs-act/notifications/notfns-2k7/csnt49-2k7.htm). Instructions regarding the implementation of the Rules are available at: http://www.cbec.gov.in/customs/cscirculars/cs-circulars07/circ41-2k7-cus.htm
B. Prevention of Food Adulteration Act (Department of Health, Ministry of Health and Family Welfare) Joint Secretary (PFA)
Department of Health Ministry of Health and Family Welfare Nirman Bhawan Maulana Azad Road New Delhi - 110 001 Phone: 91-11) 23061447 Fax: (91-11) 23061447 E-mail: debasish.panda@nic.in Website: www.mohfw.nic.in/pfa.htm
C. The Standards Weights and Measures Act (Department of Consumer Affairs, Ministry of Consumer Affairs, Food, and Public Distribution) Director (WandM) Department of Consumer Affairs Krishi Bhavan New Delhi 110 001 Phone: (91-11) 23389489 Fax: (91-11) 23385322 Website: http://fcamin.nic.in/index.asp
D. Phytosanitary issues (Department of Agriculture and Cooperation, Ministry of Agriculture) Joint Secretary - Plant Protection and Quarantine Department of Agriculture and Cooperation Ministry of Agriculture Krishi Bhawan New Delhi 110 001 Phone: (91-11) 23070306 Fax: (91-11) 23070306 E-mail: pankajkumar@nic.in Website: www.plantquarantineindia.org
E. Livestock and Products Imports (Department of Animal Husbandry and Dairying, Ministry of Agriculture) Joint Secretary (Administration) Department of Animal Husbandry and Dairying Ministry of Agriculture Krishi Bhavan New Delhi - 110 001 Phone: (91-11) 23387804 Fax: (91-11) 23386115 E-mail: jsadd@nic.in Website: http://dahd.nic.in/
(Department of Commerce, Ministry of Commerce and Industries) Director General of Foreign Trade Ministry of Commerce Udyog Bhavan New Delhi - 110 011 Phone: (91-11)23062777 Fax: (91-11)23061613 E-mail: dgft@nic.in Website: http://dgft.delhi.nic.in/
G. Registry of Trademarks (Department of Commerce, Ministry of Commerce and Industries) Controller General of Patents, Designs and Trade Marks and Geographical Indication Registry Bhoudhik Sampada Bhavan S.M. Road, Antop Hill Mumbai 400 037 Phone: (91-22)24144525/24132735 Fax: (91-22)24132735 E-mail: Mumbai-patent@nic.in Website: www.ipindia.nic.in
H. Central Board of Excise and Customs (Ministry of Finance) Chairman Central Board of Excise and Customs Ministry of Finance North Block New Delhi 110 001 Phone: (91-11) 23092849 Fax: (91-11) 23092890 E-mail: chairman@cbec.gov.in Website: http://www.cbec.gov.in/ I. Pesticide Registration (Department of Agriculture and Cooperation, Ministry of Agriculture) Secretary Central Insecticides Board and Registration Committee C.G.O. Complex N.H. IV Faridabad 121 001 Haryana Phone: (91-129) 2413002 E-mail: cibsecy@nic.in Website: http://cibrc.gov.in/
J. Genetic Engineering Approval Committee (GEAC) (Ministry of Environment and Forests) Chairman, GEAC Ministry of Environment and Forests Paryavaran Bhawan CGO Complex, Lodi Road New Delhi 110 003 Phone/Fax: (91-11) 24363967, 24361308 Email: parsheera-mef@nic.in Website: http://envfor.nic.in/
B.
Author Defined:
APPENDIX III: IMPORTANT COMMODITY-SPECIFIC FAIRS REPORTS SUBMITTED SINCE LAST FAIRS COUNTRY REPORT
IN9089 - Amendments to PFA Rules relating to Infant Food and Food Additives (06/30/09) IN9088 - Amendment to PFA Rules regarding Standards for Carbonate Water and Dehydrated Vegetable (06/30/09) IN9087 - GOI Amends PFA Rules relating to Pesticide MRLs for Carbonated Water (06/30/09) IN9067 - Proposed Amendment to PFA Rules relating to Pesticide MRLs (05/22/09) IN9065 Proposed Amendment to PFA Rules relating to Pesticide MRLs (05/13/09)
IN9048 PFA Rules relating to Nutritional Labeling of Packaged Food Implementation (04/03/09) IN9033 Amendments to PFA Rules relating to Nutritional Labeling of Packaged Food (03/05/09) IN9017 - Proposed Amendments to PFA Rules relating to Food Additives (02/04/09) IN9016 - Proposed Amendments to PFA Rules relating to Food Labeling of Additives (02/04/09) IN9015 - Proposed Amendments to PFA Rules relating to Food Additives (02/04/09) IN8128 - GOI Further Extends GEAC Approval Processed Food Derived from Living Modified Organisms (10/31/08) IN8125 GOI Again Defers Implementation of PFA Rules on Labeling of Pre-packaged Food (10/31/08) IN8199 - Amendment to PFA Rules Relating to Nutritional Labeling of Packaged Food (10/08/08) IN8092 - GOI Proposes Amendments to PFA Rules Relating to Packaged Drinking Water and Carbonated Water (08/13/08)
ACRONYMS
CIB - Central Insecticides Board CBEC - Central Board of Excise and Customs DAHD - Department of Animal Husbandry, Dairying, and Fisheries DC - Department of Commerce DCA - Department of Consumer Affairs DGFT - Director General of Foreign Trade DH - Department of Health FSSAI - Food Safety and Standards Authority of India GEAC - Genetic Engineering Approval Committee GOI - Government of India MA - Ministry of Agriculture
MCAFPD - Ministry of Consumer Affairs, Food, and Public Distribution MCI - Ministry of Commerce and Industries MEF - Ministry of Environment and Forest MFPI Ministry of Food Processing Industries
MHFW - Ministry of Health and Family Welfare PFA - Prevention of Food Adulteration Act RC - Pesticide Registration Committee